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The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995

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Contribution conditions for short-term incapacity benefit in respect of an industrial injury

14.—(1) Where a person was entitled to sickness benefit under section 102 immediately before the appointed day, the contribution conditions as specified in paragraph 2 of Part I of Schedule 3(1) shall be taken to be satisfied—

(a)for the purposes of entitlement to a transitional award of the higher rate of short-term incapacity benefit in respect of that industrial injury;

(b)for the purposes of entitlement to the lower or higher rate of short-term incapacity benefit where—

(i)he ceased to be entitled to a transitional award as a consequence of regulation 11(2)(c), and

(ii)no more than 57 days after he ceased to be so entitled,

he became incapable of work as a result of the personal injury in respect of which the transitional award referred to in head (i) was payable;

(c)for the purposes of entitlement to short-term incapacity benefit by virtue of section 30C(5) or (6) where he becomes incapable of work as a result of the personal injury in respect of which a transitional award of incapacity benefit was made.

(2) Where a person is entitled to incapacity benefit by virtue of paragraph (1)(b), the rate at which incapacity benefit is payable shall be the rate at which a transitional award of short-term incapacity benefit would have been payable had he been entitled to a transitional award of short-term incapacity benefit; and these regulations shall apply as if the award of incapacity benefit were a transitional award of short-term incapacity benefit.

(1)

Paragraph 2 is amended by Articles 3(2) and 5(2) of, and paragraph 38(2) of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

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